Argos - returning an item

68ComebackSpecial

MalMonroe said:

pioneer31 said:

68ComebackSpecial said:

pioneer31 said:

I have bought an item from Argos and want to return it. They state the usual "must not be opened, used etc" terms

I had an online conversation with an advisor and they reiterated it.

The item is also available from the manufacturer with a 30 day money back guarantee (it is advertised on shopping channels)

Argos however won't accept a return because I have opened it and used it (once). I'm aware that years ago Argos did accept returns and I know of people who opened an item, used it briefly and then returned it. Has this policy changed?

The main question, however is, can Argos have a different returns policy to the manufacturer?

And if you bought what you expected to be a brand new item and, upon opening it, discovered that it was used wouldn't you be complaining to Argos? By using it you have diminished it's value and that's why, if you purchased in store, they won't accept a return. If you purchased online then they do have to accept a return but can reduce your refund to reflect the reduction in the item's value caused by your use as they will not be able to sell it as new.

I'm pretty sure Argos were famous for re-selling stuff that had already been opened (20 or so years ago)

I'm not arguing it is right or wrong, I am just wondering if this still happens or they really have tightened up on things. I'm pretty sure I have sent things back in the past, or my friends have..

Yes but you said that not only had you opened it, you'd used it once. 

Only if the item is faulty can you have a refund - or a repair or whatever Argos deem to be fair.

I have never had trouble returning anything to Argos, which is why I like to use them. But I've never opened something up, used it and then tried to return it. 

When you buy online you do have extra protections but not for goods that have actually been used. Unless faulty, as I said. 

That's not correct. If the OPs handling of the goods is deemed to be in excess of that which you could do in a bricks and mortar store then Argos can reduce the refund to reflect this (and it can be up to a 100% reduction) but he is entitled to return the goods.

pioneer31

timmy963 said:

I get customers at work trying to return used items all the time that they discovered they no longer require it and it does my head in. I even had one old lady telling me she is a lawyer and was disputing the term "re-saleable condition".

First, do your research and understand what you are buying before you go ahead and use the item.

Second, ask the question "would I be happy buying a toothbrush at full retail price then the clerk tells me it has only been used once".

I did do my research but ultimately nothing replaces experiencing the item for yourself, If you buy something which you can't try in a store, you are taking a gamble.

As for a toothbrush, I know exactly what I'm going to get. There's no great mystery there and there is no hygiene risk with what I'm returning.

To repeat what I said earlier, why would you buy an item, not open it, and then return it? 

It's a worthless policy.

the_lunatic_is_in_my_head

68ComebackSpecial said:

MalMonroe said:

pioneer31 said:

68ComebackSpecial said:

pioneer31 said:

I have bought an item from Argos and want to return it. They state the usual "must not be opened, used etc" terms

I had an online conversation with an advisor and they reiterated it.

The item is also available from the manufacturer with a 30 day money back guarantee (it is advertised on shopping channels)

Argos however won't accept a return because I have opened it and used it (once). I'm aware that years ago Argos did accept returns and I know of people who opened an item, used it briefly and then returned it. Has this policy changed?

The main question, however is, can Argos have a different returns policy to the manufacturer?

And if you bought what you expected to be a brand new item and, upon opening it, discovered that it was used wouldn't you be complaining to Argos? By using it you have diminished it's value and that's why, if you purchased in store, they won't accept a return. If you purchased online then they do have to accept a return but can reduce your refund to reflect the reduction in the item's value caused by your use as they will not be able to sell it as new.

I'm pretty sure Argos were famous for re-selling stuff that had already been opened (20 or so years ago)

I'm not arguing it is right or wrong, I am just wondering if this still happens or they really have tightened up on things. I'm pretty sure I have sent things back in the past, or my friends have..

Yes but you said that not only had you opened it, you'd used it once. 

Only if the item is faulty can you have a refund - or a repair or whatever Argos deem to be fair.

I have never had trouble returning anything to Argos, which is why I like to use them. But I've never opened something up, used it and then tried to return it. 

When you buy online you do have extra protections but not for goods that have actually been used. Unless faulty, as I said. 

That's not correct. If the OPs handling of the goods is deemed to be in excess of that which you could do in a bricks and mortar store then Argos can reduce the refund to reflect this (and it can be up to a 100% reduction) but he is entitled to return the goods.

This is only partly correct, the consumer is entitled to cancel their contract and in order for the retailer to make a reduction for excessive handling they must provide the consumer with certain information via durable means.


www.legislation.gov.uk/uksi/2013/3134/regulation/34/made

(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

(10) An amount that may be recovered under paragraph (9)—

(a)may be deducted from the amount to be reimbursed under paragraph (1);

(b)otherwise, must be paid by the consumer to the trader.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

It's an important point that commonly passed over on this board as very few retailers actually provide the consumer with the correct required information, even Amazon doesn't do it correctly. 

pioneer31 Agros deliberately mislead the consumer about their rights to avoid returns of opened items.

You are entitled to cancel your contract within the cancellation period. The retailer can not refuse. The retailer may impose a reduction for excessive handling. 

The cancellation period is a minimum of 14 days beginning the day after delivery, if the retailer fails to provide the correct information the period is extend as per:



www.legislation.gov.uk/uksi/2013/3134/regulation/31/made

Cancellation period extended for breach of information requirement

31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

(2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information.

(3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.

As above the luxury of reducing the refund is also tied to them providing the information.

So OP what information did they give you by email (excluding links to their website*) or on paper with the goods? 

*Argos doesn't detail your right to cancel your contract on their website, according to their staff the Terms and Condition page on the website is full (load of tosh but that's what they said). 

Laz123

What was the item??

p00hsticks

pioneer31 said:

The item is also available from the manufacturer with a 30 day money back guarantee (it is advertised on shopping channels)

so if the money back guarantee would have allowed you to try it and then return it, the obvious question is - Why didn't you buy it direct from the manufacturer ? 

And if the answer is because it was more expensive, then that's presumably because the manufacturer is having to bear the cost of receiving used returned items under the guarantee that they can't re-sell.....

the_lunatic_is_in_my_head

p00hsticks said:

pioneer31 said:

The item is also available from the manufacturer with a 30 day money back guarantee (it is advertised on shopping channels)

so if the money back guarantee would have allowed you to try it and then return it, the obvious question is - Why didn't you buy it direct from the manufacturer ? 

And if the answer is because it was more expensive, then that's presumably because the manufacturer is having to bear the cost of receiving used returned items under the guarantee that they can't re-sell.....

None of which affects the OP's Consumer Rights to use an item and then return it because they've changed their mind.

If a retailer wants to be cheap that's up to them but it doesn't mean they can ignore the law. 

tempus_fugit

Argos actually have one of the toughest return policies these days. They will not take anything back that has had the packaging opened or any kind of seal broken, I’ve discovered this the hard way. For high value items that I need to try I tend to use other companies with better return options.

During the first Covid lockdown I bought a phone from John Lewis. They are getting tougher to return to as well but as it was during lockdown I couldn’t go to see the phone before I bought it so I ordered it online and did click and collect at a local Waitrose. I got it home and tried it but found it was too small for my liking, so I returned it using their returns procedure giving “too small” as the reason and posted it back to them. I got the refund about 5 days later. 

Since then I have bought my phones direct from Samsung who have a very decent returns policy and as they are the manufacturer they don’t say anything about the item being having to be unopened. So, it’s horses for courses but I’ve found that you have to be careful who you buy from and of course it also depends on the type of items being bought - some are more “returnable” than others. The example above about the toothbrush would be one case where it is not reasonably returnable once opened.

JJ_Egan

OP should cut out relevant legislation as posted above and point out this legislation to Argos .

pioneer31

the_lunatic_is_in_my_head said:

68ComebackSpecial said:

MalMonroe said:

pioneer31 said:

68ComebackSpecial said:

pioneer31 said:

I have bought an item from Argos and want to return it. They state the usual "must not be opened, used etc" terms

I had an online conversation with an advisor and they reiterated it.

The item is also available from the manufacturer with a 30 day money back guarantee (it is advertised on shopping channels)

Argos however won't accept a return because I have opened it and used it (once). I'm aware that years ago Argos did accept returns and I know of people who opened an item, used it briefly and then returned it. Has this policy changed?

The main question, however is, can Argos have a different returns policy to the manufacturer?

And if you bought what you expected to be a brand new item and, upon opening it, discovered that it was used wouldn't you be complaining to Argos? By using it you have diminished it's value and that's why, if you purchased in store, they won't accept a return. If you purchased online then they do have to accept a return but can reduce your refund to reflect the reduction in the item's value caused by your use as they will not be able to sell it as new.

I'm pretty sure Argos were famous for re-selling stuff that had already been opened (20 or so years ago)

I'm not arguing it is right or wrong, I am just wondering if this still happens or they really have tightened up on things. I'm pretty sure I have sent things back in the past, or my friends have..

Yes but you said that not only had you opened it, you'd used it once. 

Only if the item is faulty can you have a refund - or a repair or whatever Argos deem to be fair.

I have never had trouble returning anything to Argos, which is why I like to use them. But I've never opened something up, used it and then tried to return it. 

When you buy online you do have extra protections but not for goods that have actually been used. Unless faulty, as I said. 

That's not correct. If the OPs handling of the goods is deemed to be in excess of that which you could do in a bricks and mortar store then Argos can reduce the refund to reflect this (and it can be up to a 100% reduction) but he is entitled to return the goods.

This is only partly correct, the consumer is entitled to cancel their contract and in order for the retailer to make a reduction for excessive handling they must provide the consumer with certain information via durable means.


www.legislation.gov.uk/uksi/2013/3134/regulation/34/made

(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

(10) An amount that may be recovered under paragraph (9)—

(a)may be deducted from the amount to be reimbursed under paragraph (1);

(b)otherwise, must be paid by the consumer to the trader.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

It's an important point that commonly passed over on this board as very few retailers actually provide the consumer with the correct required information, even Amazon doesn't do it correctly. 

pioneer31 Agros deliberately mislead the consumer about their rights to avoid returns of opened items.

You are entitled to cancel your contract within the cancellation period. The retailer can not refuse. The retailer may impose a reduction for excessive handling. 

The cancellation period is a minimum of 14 days beginning the day after delivery, if the retailer fails to provide the correct information the period is extend as per:



www.legislation.gov.uk/uksi/2013/3134/regulation/31/made

Cancellation period extended for breach of information requirement

31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

(2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information.

(3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.

As above the luxury of reducing the refund is also tied to them providing the information.

So OP what information did they give you by email (excluding links to their website*) or on paper with the goods? 

*Argos doesn't detail your right to cancel your contract on their website, according to their staff the Terms and Condition page on the website is full (load of tosh but that's what they said). 

I just received an online receipt which I will dig out..

It sounds like if they have not provided details of the 14 day cancellation period, then they are in some sort of breach?

pioneer31

Laz123 said:

What was the item??

Cubii (cycling machine)